§5-511. Confidentiality of records
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 18-C, §5-511, sub-§4)
1.
Matter of public record; exceptions.
The existence of a proceeding for or the existence of one or more protective arrangements instead of a guardianship or conservatorship is a matter of public record unless the court seals the record after:
A.
The respondent, the individual subject to the protective arrangements or the parent of a minor subject to the protective arrangements requests the record be sealed; and
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B.
Either:
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
(1)
The proceeding is dismissed;
(2)
The protective arrangement is no longer in effect; or
(3)
Any act authorized by the order granting the protective arrangement has been completed.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.
Access to records.
A respondent, an individual subject to a proceeding for one or more protective arrangements instead of guardianship or conservatorship, an attorney designated by the respondent or individual, an attorney appointed by the court to represent the respondent or individual, a parent of a minor subject to one or more protective arrangements, a person listed under subsection 3‑A and any other person the court determines are entitled to access court records of the proceeding and resulting protective arrangement. A person not otherwise entitled to access to court records under this subsection may petition the court for access. The court shall grant access if access is in the best interest of the respondent or individual subject to the protective arrangements or furthers the public interest and does not endanger the welfare or financial interests of the respondent or individual.
[PL 2025, c. 18, §12 (AMD).]
3.
Reports sealed; availability.
A report of a visitor or professional evaluation generated in the course of a proceeding under this Part must be sealed on filing but is available to:
A.
The court;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B.
The individual who is the subject of the report or evaluation, without limitation as to use;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C.
The petitioner, visitor and petitioner's and respondent's attorneys, for purposes of the proceeding;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D.
Unless the court directs otherwise, an agent appointed under a power of attorney for finances in which the respondent is identified as the principal;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
E.
If the order is for one or more protective arrangements instead of guardianship and unless the court directs otherwise, an agent appointed under a power of attorney for health care in which the respondent is identified as the principal;
[PL 2025, c. 18, §13 (AMD).]
F.
Other persons when it is in the public interest or for a purpose the court orders for good cause.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2025, c. 18, §§13, 14 (AMD).]
3-A.
Access for public interest purposes; confidentiality extended.
An authorized employee or legal counsel of the following may access and review a probate court record related to a protective arrangement under this Article to carry out an official function, duty or responsibility in the public interest:
A.
The Department of Health and Human Services;
[PL 2025, c. 18, §15 (NEW).]
B.
The Office of the Attorney General;
[PL 2025, c. 18, §15 (NEW).]
C.
An agency designated by the Governor to provide protection and advocacy for persons with disabilities pursuant to Title 5, section 19502;
[PL 2025, c. 18, §15 (NEW).]
E.
A nonprofit organization that provides civil legal services to elderly residents of the State and that receives funding from the Maine Civil Legal Services Fund established in Title 4, section 18-A.
[PL 2025, c. 18, §15 (NEW).]
A person that receives information or a record under this subsection may use the information or record only for the purpose for which accessing the information or record is intended and shall comply with any confidentiality law, rule or regulation limiting further disclosure of the information or record.
[PL 2025, c. 18, §15 (NEW).]
4.
Effective date.
This section takes effect January 15, 2026 or on the effective date of amendments to the Maine Rules of Probate Procedure incorporating the substantive requirements of this section, whichever is earlier. The State Court Administrator shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes when amendments to the Maine Rules of Probate Procedure incorporating the substantive requirements of this section have taken effect.
[PL 2025, c. 18, §16 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §95 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 4, §6 (AMD). PL 2023, c. 4, §14 (AMD). PL 2023, c. 4, §18 (AFF). PL 2025, c. 18, §§12-16 (AMD).